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(영문) 수원지방법원 2016.11.24 2016노6496
사기
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (two years of imprisonment with prison labor for Defendants A and one year of imprisonment for Defendants C) sentenced by the lower court to the Defendants is too unreasonable.

B. Each of the above types sentenced by the prosecutor's court below is too uneasible and unfair.

2. We examine both the Defendants and the Prosecutor’s respective arguments.

The fact that the Defendants still have no record of criminal punishment in the Republic of Korea, and that it seems that the Defendants recognized the crime of this case and reflects the mistake, and that the benefits actually acquired by the Defendants seems to be relatively significant due to the crime of this case, etc. are favorable to the Defendants.

However, the so-called “wishing” crime, such as the instant crime, is highly harmful to society, and is committed in an organized, planned, and intelligent manner, and even its subordinate members participating in only part of the crime because it is difficult to arrest the entire organization, it is necessary to severely punish the Defendants. The amount of damage caused by the Defendant A’s part exceeds 100 million won in total, and the amount of damage caused by the Defendant C’s part is a large amount of money exceeding 44 million won. Nevertheless, even though the amount of damage caused by the Defendant C’s part of the crime in this case is a considerable amount of money exceeding 44 million won, the fact that the damage suffered by the victim F, etc. is still deemed to have not been recovered properly

In full view of all the above circumstances and the conditions of sentencing, including the Defendants’ age, character and conduct, environment, family relationship, and motive and circumstance of the crime, it cannot be deemed that the lower court’s punishment imposed on the Defendants is too heavy or unreasonable.

3. In conclusion, since each appeal against the Defendants and the Defendants by the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the judgment of the court below is ex officio.

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